Harrison Township removed from lawsuit by former building director

The state Court of Appeals has dismissed most of a lawsuit filed by the retired Harrison Township building director against the township and four former members of the township Board of Trustees .

The state Court of Appeals in a ruling released Wednesday says Vijay Parakh still has claims against former trustees James Ulinski, Sharon Eineman, Michael Rice and Robert Garvin for comments regarding Parakh published in The Macomb Daily and The Harrison Township Newsletter in 2008. The articles included details about claims of favoritism potentially shown to a Macomb County judge who complained to the township about a neighbor’s tree branches hanging in her yard. Parakh was suspended with pay for several months but returned after allegations were dismissed by the township attorney.

But the township and Parakh’s most serious claims such as violation of the Whistleblower Protection Act and Civil Rights law remain off the table, upholding most of the prior decision by the lower court jurist, Judge Peter J. Maceroni of Macomb County Circuit Court in Mount Clemens, to grant summary disposition. Township attorney Robert Seibert said “nine or 10 out of 11” claims have been removed in the case.

“The township is out, that’s for sure,” Seibert said. “This case is limping on one leg.”

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Parakh’s attorney, William Dobreff, however, said he was pleased with the ruling because the restored defamation claims can encompass a wide area for potential damages.

“It means it will get in front of a jury,” he said. “This is for damage to his reputation.”

The appeals court ruled that Ulinski providing his Judicial Tenure Commission complaint about Judge Mary Chrzanowski to a Macomb Daily reporter and a committee formed by Ulinski that distributed the newsletter fell outside the duties of a township trustee. Chrzanowski was cleared of any wrongdoing by the JTC.

But Seibert noted that Parakh was not directly connected by name to the saga.

“It’s not defamation because it did not name him,” he said.

The trustees will be represented by Seibert at the township’s expense.

The case will return to circuit court.

About the Author

My beat is the courts of Macomb County and general assignment.
Read more of Jameson Cook's court coverage on his blog http://courthousedish.blogspot.com/ Reach the author at jamie.cook@macombdaily.com
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